JAGANLAL ANJORDAS Vs. STATE

JUDGEMENT

(1.) FIELD No. 201 in Patwari Circle No. 36 of village Tegnagarh, tahsil Mungeli, was originally of Baisakhu (P. W. 2) and his brother Ramlal alias Nanki (P. W. 1 ). They sold it to Rungsa of village Jhulna on June 3, 1952. Rungsa was their brother-in-law (husband of their sister Chailibai ). After Rungsa's death this property devolved on Chaitibai. By a sale deed dated June 3, 1960, (Ex. P-2), Chaitibai sold this land to Baisakhu (P. W. 1) and his wife Mst Jadrabai. According to the prosecution this field was in possession of Baisakhu and it was cultivated by him and his brother. The crop that was standing on November 6, 1960, had been sown by Baisakhu and his brother, it was being harvested on that day. Baisakhu (P. W. 2), Ramlal (P. W. 1) and Jaitram, husband of Baisakhia (P. W. 16) are brothers, Chaitibai was their sister.

(2.) ON November 6, I960, the crop was being harvested by Baisakhu, Ramlal, Chaitibai and their labourers. Baisakhia (P. W. 16) was also there in the field. Head loads were tied and kept in the field. Anjordas accompanied by his son Jaganlal and 10 or 15 other persons reached the field at about 10 hours. Jaganlal and his father Aniordas had a 'lathi' and a 'tabbal'. Others are said to have carried 'lathis' and Jaganlal Anjordas vs. The State (31. 08. 1962 -MPHC) Page 2 of 7 ganlal Anjordas vs. The State (31. 08. 1962 -MPHC) Page 2 of 7 'scythes' with them. In the party of the accused there were four or five women also who were carrying scythes with them. Jaganlal and Anjordas asked the other members of their party to remove the headloads. Some of them started removing the headloads and some of them started cutting the crop. The companions of the accused in this way carried the headloads twice. Ramlal and Baisakhu questioned Anjordas about this conduct of theirs and asked him why he was taking away their crop. On this Anjordas replied that the field had been allotted to him in his Chak (block ). Ramlal and Baisakhu expressed their ignorance about that and said that the paddy had been sown by them and, therefore, Anjordas had no right to remove the harvested crop. On this Anjordas struck a lathi blow on the head of Ramlal. It caused bleeding. In the mean time Mst. Chaitibai came running and asked why her brother was being beaten. She stood between Ramlal and Anjordas. She also abused Anjordas. Ramlal slipped away from that field. Anjordas and Jaganlal beat Chaitibai with their lathes She fell down. The father and son, however, continued beating her even after she had fallen down. The blows struck her head. This beatiting resulted in her death on the spot.

(3.) JAGANLAL accused was tried by the Additional Sessions Judge, Bilaspur, for the offence under Section 302, read with Section 34 of the Penal Code. Anjordas since died. The Trial Judge found the accused guilty of the offence charged, but convicted him under Section 323 of the Penal Code and sentenced him to rigorous imprisonment for six months and to pay a fine of Rs. 100/ -. Against his conviction Jaganlal has preferred Criminal Appeal No. 26 of 1962, while the State has filed Criminal Appeal No. 91 of 1962, praying that the conviction of the accused be altered to one under Section 302, read with Section 34 of the Penal Code.